The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

SEPTEMBER 24, 2021

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm. We address these questions in a two-part post.

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Non-Fungible Tokens IP Ownership Contracts 98

43(B)log

DECEMBER 26, 2022

28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. AKF sued LCF etc.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. The Copyrights Act of 1957 regulates copyright law in India.

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Art Copyright Artistic Work Public Domain 52

TorrentFreak

JANUARY 31, 2023

This material includes legitimate videos from official Pornhub models, as well as thousands of videos that are copyrighted by MindGeek, such as the Brazzers and Reality Kings brands. This content is freely available and monetized through advertisements. The counterclaims and defense go hand in hand.

Copyright Infringement 82

Copyright Infringement Contracts Ownership Copyright 82

43(B)log

JANUARY 17, 2023

This allegedly involved false copyright and release date information, as well as “drastically low bargain-rate prices” and failure to distinguish between HD and SD versions. LW sued for copyright infringement, violations of both sections of Lanham Act §43(a), §1202 CMI violations, fraud, and state-law statutory unfair competition.

False Advertising 59

False Advertising Ownership Copyright Copying 59

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. 11, 2023): Time and again we have declared that “prevailing defendants in copyright cases are presumptively entitled (and strongly so) to recover attorney fees.”

IP 75

IP Advertising Advertising Copyright 75

BYU Copyright Blog

JULY 25, 2023

The case brings claims for copyright infringements under Title 17 of the U.S. He argues that the Academy derived financial benefits from the use of his photographs on their website, attributing the increased website traffic to the images, resulting in higher advertisement revenues for the institution.

Intellectual Property 52

Intellectual Property Ownership Copyright Copyright Infringement 52

TorrentFreak

JANUARY 31, 2023

This material includes legitimate videos from official Pornhub models, as well as thousands of videos that are copyrighted by MindGeek, such as the Brazzers and Reality Kings brands. This content is freely available and monetized through advertisements. The counterclaims and defense go hand in hand.

Copyright Infringement 72

Copyright Infringement Contracts Ownership Copyright 72

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction and Fanart by Sabrina Macklai & Emily Chow. Is GitHub’s New Feature a Copyright Infringer? Copyright Law. David Vaver. David Vaver.

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IP Copyright Infringement Inventor Intellectual Property 106

43(B)log

AUGUST 4, 2021

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are supposed to work. Disrupted by CASE Act.

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Copyright Trademark Copying Fair Use 90

43(B)log

JULY 20, 2022

Chiusa has a copyright registration for the website obtained during this dispute. The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

BYU Copyright Blog

OCTOBER 11, 2021

However, Columbia claims that the Encyclopaedia has always been a Columbia project that has been administered by its Center for Iranian Studies (of which Yarshater was the director for over 30 years), and that Columbia controls the associated copyrights and trademarks.

False Advertising 52

False Advertising Copyright Infringement Intellectual Property Ownership 52

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. In other words, the “old” IP rights (copyright, trade marks, etc.) This is a U.S

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court begins with findings of fact, lavishing attention on the show’s plot and popularity.

Blogging 94

Blogging Social Media Television Fair Use 94

IP and Legal Filings

JANUARY 31, 2023

The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.

Law 85

Law Branding Brands Branding 85

IPilogue

JUNE 21, 2022

NFTs are unique digital assets that are digital representations of ownership of real-world items. Nike argued that the NFTs’ inflated prices and terms of purchase and ownership have led to public criticism and opinion that the StockX NFTs are a scam. The Nike Suit.

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Non-Fungible Tokens Ownership False Advertising Fair Use 116

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

Copyright Lately

JANUARY 31, 2023

Is Rick Astley’s right of publicity claim against Yung Gravy for vocal impersonation on a collision course with the federal Copyright Act? To all the naysayers, I’ll remind you that Copyright Lately is considered a scholarly publication by several of this nation’s law schools, at least one of which is still accredited.)

Music 97

Music Copyright Licensing Copyright Infringement 97

43(B)log

OCTOBER 4, 2021

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

False Advertising 59

False Advertising Artwork IP Advertising 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. 512(f) is a cause of action for abusive takedown notices.

Registration 115

Registration Fair Use Copyright Designs 115

The IPKat

AUGUST 17, 2022

Recently, this Kat reported on Beyoncé’s decision to remove a sample from her song, after Kelis took to social media to complain, even though the rights had been cleared and there was no copyright infringement. As I explained in the Guardian : “It doesn’t matter that Beyoncé didn’t actually infringe Kelis’s rights.

Social Media 137

Social Media Registration Intellectual Property Ownership 137

Technology & Marketing Law Blog

JULY 5, 2022

Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed by a 512(h) subpoena to unmask CallMeMoneyBags. ” Second, Bayside said that copyright already accommodates First Amendment considerations via the fair use defense (citing the Reddit case ).

Fair Use 97

Fair Use Plagiarism Copyright Marketing 97

Copyright Lately

MAY 1, 2023

If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

Music 85

Music Copyright Copying Copyright Law 85

LexBlog IP

NOVEMBER 17, 2021

collectively, “ Kaira ”) commenced an action alleging passing off, trademark infringement, depreciation of goodwill and copyright infringement by, Amul Canada, Mohit Rana, Akash Ghosh, Chandu Das, And Patel Patel (collectively, the “ Defendants ”). Kaira also established trademark infringement.

False Advertising 40

False Advertising Social Media Trademark Branding 40

The IPKat

JULY 18, 2021

In relation to the rental right, equitable remuneration is provided under sections 93B (for copyright) and 191G (for performers rights) of the CDPA 1988. Therefore, if this recommendation is taken forward as suggested, we could see another legislative attempt to capture YouTube’s hitherto agile dance around copyright regulation.

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Music Contracts Reporting Marketing 139

Technology & Marketing Law Blog

DECEMBER 12, 2021

This leads to obviously wrong statements like: In this case, the Court does not have claims for defamation, obscenity, copyright infringement, or some other related theory of liability before it, but instead claims sounding in negligence and public nuisance based on Defendants’ affirmative conduct. ” No. Not even close.

Copyright Infringement 118

Copyright Infringement Publishing Designs Design 118

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. It developed the show with Big Fish, but the parties agreed that A&E would have exclusive ownership of the rights in Live PD. “In Big Fish Entertainment, LLC, 2023 WL 4053871, No. 7411 (KPF) (S.D.N.Y.

Social Media 59

Social Media Copying Fair Use Advertising 59

Copyright Lately

JANUARY 29, 2024

Late last week they filed a federal court copyright infringement and right of publicity lawsuit against Dudesy, LLC, along with Sasso and Kultgen personally ( read the complaint here ). Here are seven words you should never say in a copyright infringement case: “I don’t have a copyright registration yet.”

Registration 92

Registration Television Advertising Advertising 92

Copyright Lately

FEBRUARY 6, 2022

. “And that typically begs the question about rights…” The world of NFTs is littered with examples of startups run by folks who either don’t know, don’t understand or don’t care about obtaining permission from the owners of the underlying work for the NFTs they’re advertising and minting.

Music 93

Music Social Media Artwork Intellectual Property 93

Technology & Marketing Law Blog

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. Why are we revisiting this crusty old topic?

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Copying Ownership Derivative Work Contracts 78

SpicyIP

MAY 20, 2024

Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license. the Court restrained defendant no. M/s Vans Inc.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

FEBRUARY 20, 2023

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments The Sci-hub case! Important IP cases that we’re missing out on? Especially from other High Courts?

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Registration Designs Design Trademark 105

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. Both suits were filed before the 2012 amendment to the Copyright Act. The Indian Performing Right Society Limited (IPRS) v. Piyush Subhashbhai Ranipa v.

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IP Intellectual Property Copyright Trademark 143